Rice, Mary v. Hinsdale, Town of (SPR 20140193)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords May 29,2014 SPR14/193 Ms. Mary A. Rice 22 Plunkett Avenue P.O. Box 162 Hinsdale, MA 0123 5 Dear Ms. Rice: I have received your petition regarding the response of the Town of Hinsdale (Town) to your March 1 and March 4, 2014 requests for public records. G. L. c. 66, § 10(b); see also 950 C.M.R. 32.08(2). Specifically, you requested a copy of: 1. A termination letter concerning a specifically named individual, and 2. The executive session minutes from the Board of Selectmen (Board) meeting on January 27, 2014. "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). The statutory exemptions are strictly and narrowly construed. Globe Newspaper Co. v. Dist. Att'y for the Middle Dist., 439 Mass. 374, 380 (2003); Att'y Gen. v. Ass't Comm'r of the Real Prop. Dep't of Boston, 380 Mass. 623, 625 (1980). In her March 6, 2014letter, Select Board Chair, Bonnie Connor informed you that on the advice of the Town's Legal Counsel, the requested records are not public records. While Ms. Connor's response was within the ten (1 0) day requirement, her response did not meet the Town's burden under the Public Records Law. This initial response failed to comply with the law because no exemption was specifically claimed. The Town is reminded that in order to withhold a public record, the custodian must claim one of the exemptions that are enumerated in the Public Records Law, and that the exemption must offer the specific reasons that the exemption applies to withhold the record. To assist Chairperson Connor and the Town I will enclose with her copy of this letter our publication "A Guide to the Massachusetts Public Records Law." OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Mary A. Rice SPR14!193 Page Two May 29,2014 On May 21,2014 Joel Bard of Kopelman and Paige, P.C., Legal Counsel for the Town, informed an Attorney in my office that the responsive executive session minutes and termination letter are exempt pursuant to one of the Open Meeting Law exceptions as it operates through Exemption (a), and pursuant to the personnel clause of Exemption (c) of the Public Records Law. Exemption (a) Exemption (a) allows the custodian to withhold records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a) A governmental entity may use Exemption (a) as a basis for withholding requested materials where the language of the exempting statute suggests that the public's right to inspect records under the Public Records Law is restricted. Attorney General v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottoway Newspaper Co. v. Appeals Court, 372 Mass. 539, 545-46 (1977). My authority as Supervisor of Records does not permit me to order disclosure of records if a statute mandates nondisclosure. General Chemical Corp. v. Department ofEnvtl. Quality Eng'g, 19 Mass. App. Ct. 287, 294 n.4 (1985). The Open Meeting Law is one statute that allows a custodian to withhold records pursuant to Exemption (a). Attorney Bard informed this office that the Board went into executive session and the lawful purpose for entering into that executive session has not yet concluded. The minutes related to the personnel matter concerning a specifically named individual. On May 21, 2014, Attorney Bard informed, an attorney on my staff that the matter remains on-going. See G. L. c. 30A, § 22(f). Given that an interpretation of the Open Meeting Law falls within the authority of the Office of the Attorney General (AGO) and not this office, I decline to provide a determination on the status of records regarding executive sessions, as the lawful purpose for entering executive session has not yet concluded. It is recommended that you contact the AGO's Division of Open Government if you seek a determination on this issue. Accordingly, I find that the City has properly withheld the executive session minutes pursuant to Exemption (a) ofthe Public Records Law. As such, I decline to opine on the Town's claims under Exemption (c) of the Public Records Law. This administrative appeal is now closed.

Ms. Mary A. Rice SPR14/193 Page Three May29, 2014 Enclosure cc: Mr. Joel Bard, Esq. Ms. Bonnie Conner